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< Back < Previous | Next > Event Advance Integrity in Business – Join the Business Integrity Accelerator 5 May 2025 The UN Global Compact Network Netherlands and the International Chamber of Commerce (ICC) are launching the Business Integrity Accelerator (BIA)—a global program designed to help companies move beyond compliance and embed integrity into their core strategy and operations. UN Global Compact Network Netherlands and the ICC are excited to launch the Business Integrity Accelerator (BIA) — a global programme empowering companies to go beyond compliance and embed integrity at the core of their strategy, operations, and decision-making. Running from October 2025 to May 2026, this accelerator will guide companies in developing a concrete Action Plan to strengthen anti-corruption efforts across internal, external, and collective dimensions. Registration opens June 26 and runs through September 2025. The programme is open to companies of all sizes that participate in the UN Global Compact Network Netherlands. 👉 Not a participant yet? Explore how to join UN Global Compact NL 👉Already a member? Contact Jamie Holton to stay informed about registration: holton@unglobalcompact.nl

< Back < Previous | Next > Climate Change Post-UNOC3: Business Rallies for Ocean Action with Landmark Call to Policymakers 30 Jun 2025 Over 80 businesses and networks joined an ICC-led declaration at UNOC3, urging urgent action to protect ocean health as key to climate resilience and economic prosperity. The Business Call to Action outlines commitments and policy asks to scale sustainable ocean solutions and is open for more support. Over 80 businesses and networks unite behind ICC-led declaration to protect ocean health and strengthen global resilience. As the Third United Nations Ocean Conference (UNOC3) concluded earlier this month in Nice, the global business community made its voice heard with a clear message: safeguarding the ocean is essential to economic prosperity and climate resilience. In a joint Business Call to Action, more than 80 organisations from 25 countries—including 55 businesses representing over €600 billion in turnover and more than 2 million employees—urged both public and private actors to accelerate action to conserve and sustainably use the ocean. The initiative was co-convened by the International Chamber of Commerce (ICC), alongside key partners including the UN Global Compact, the World Economic Forum, Business for Nature, and the We Mean Business Coalition. 📄 Read the full Call to Action The Ocean Economy: Vital and Vulnerable The ocean supports over 3 billion people with food and livelihoods, facilitates 80% of global trade, and carries 95% of international data traffic. It also plays a critical role in regulating the climate and sustaining biodiversity. Yet its health is increasingly under threat. UNOC3 produced a high-level declaration and strong commitments on marine protection, sustainable fisheries, and marine pollution. But as ICC Secretary General John W.H. Denton AO noted, "We now need to match ambition with action." The Business Call to Action provides a framework for doing just that. Business Commitments The Call to Action highlights how businesses—regardless of whether they operate on land or at sea—can support ocean health and contribute to a thriving blue economy. Recommended actions include: Integrating ocean considerations into climate and nature strategies Contributing to ocean science and data-sharing Reducing pollution and promoting circularity across value chains Scaling investment in ocean innovation and sustainable blue finance Supporting a just transition, including skills and livelihoods for coastal communities Raising awareness and making the ocean a shared responsibility From clean shipping and offshore energy to blue biotechnologies and eco-tourism, companies are already moving—but the declaration urges faster, broader action. Policy Priorities To scale impact, the private sector also calls on governments to: Ratify and implement key agreements on fisheries subsidies, deep-sea mining, plastics, and climate-smart shipping Integrate ocean targets into national climate and biodiversity plans Invest in ocean science and strengthen science-policy interfaces Develop robust and innovative financing mechanisms—such as blended finance and blue bonds Plan for long-term coastal adaptation and sea-level rise With these steps, governments can help unlock the full potential of ocean-positive business models and strengthen economic and climate resilience worldwide. What’s Next The Business Call to Action remains open for additional signatures and serves as a concrete contribution to the post-UNOC3 momentum. ICC and its partners will continue to amplify business leadership and push for the enabling frameworks needed to deliver real-world results. A healthy ocean is the foundation for a resilient economy. Let’s work together to protect it—on land and at sea (John W.H. Denton AO, ICC Secretary General).

< Back < Previous | Next > Taxes Recent Developments in the World of Tax 17 Feb 2025 The ICC is at the forefront of global tax discussions, ensuring that businesses have a strong voice in shaping fair and effective tax policies. From VAT regulations to the development of a United Nations (UN) tax framework, ICC works to create a tax environment that fosters trade, investment, and economic growth. VAT & Tariffs The recent policy brief issued by the ICC clarifies the distinctions between VAT and import tariffs, emphasizing VAT’s positive role in global trade. This comes in response to concerns raised by the U.S. in the ‘Fair and Reciprocal Plan’ about VAT potentially discriminating against American businesses. In the VAT system, businesses act as intermediaries that collect and remit the tax at each stage of the supply chain, but the final cost is absorbed by the end consumer. This structure ensures that VAT is effectively a consumption tax, with each participant in the supply chain reclaiming the VAT on their inputs so that the tax burden accumulates only at the final point of sale. As a result, VAT, is inherently neutral and non-discriminatory toward foreign businesses, reinforcing its role as a fair and efficient mechanism in international trade.Recognising these benefits, the ICC has been at the forefront of these discussions, advocating for balanced VAT policies that help eliminate unnecessary trade obstacles. More information on the role of VAT in international trade can be found here. The UN Tax Convention: ICC Representing Business Interests In 2024, the United Nations General Assembly established an intergovernmental negotiating committee to draft an UN Framework Convention on International Tax Cooperation. This process, running from 2025 to 2027, aims to create a clear and fair global tax framework that improves cooperation between countries. On 16 August 2024, the UN Ad Hoc Committee approved the Terms of Reference for the convention, marking a significant milestone in the process of developing new cross-border taxation rules. This approval sets the stage for future negotiations, shaping policies that will impact businesses globally. ICC has been actively involved in these discussions to ensure that the convention: • Promotes tax certainty and aligns with existing international frameworks. • Encourages investment, job creation, and sustainable economic growth. • Includes meaningful engagement with businesses throughout the negotiation process. Key Concerns and ICC’s Advocacy Efforts During the negotiations, ICC Global Policy Lead on Taxation, Luisa Scarcella, welcomed the inclusion of stakeholder participation in the drafting process but expressed concerns over the absence of explicit taxpayer safeguards in the final text. Additionally, the ICC emphasized the necessity for broad international coordination to ensure consistency with existing frameworks. Concerns were also raised about the ambitious timeline for negotiating the taxation of crossborder services, particularly regarding its potential economic impact on developing countries. ICC’s Commitment to Business-Friendly Tax Policies The ICC remains committed to working closely with policymakers to ensure balanced and effective tax policies that support global trade and investment. By actively participating in UN negotiations and advocating for business-friendly tax frameworks, ICC is shaping a more predictable and fair international tax system. Stay informed about ICC’s tax initiatives and how we’re working to protect business interests worldwide. Timeline 2025 The following is a timeline of the ICC’s Global Tax Commission for the remainder of 2025, with all dates subject to final confirmation and potential adjustments.

< Back < Previous | Next > Trade & Investment Incoterms® 2020: Navigating Risk, Responsibility & Reality in Global Trade 3 May 2025 Incoterms® 2020 help businesses manage tariff and compliance risks in global trade by clearly defining who is responsible for transport, insurance, and customs duties. Strategic use can reduce seller exposure to tariffs, making these terms crucial tools in navigating today’s volatile trade environment. New Insight: Managing Tariff Risk with Incoterms® As outlined in our April 2025 guidance note “Using the Incoterms® 2020 Rules to Manage Tariff Risk in International Trade,” businesses can use Incoterms strategically to reduce exposure to unpredictable tariff changes. While Incoterms do not affect tariff schedules directly, they clearly allocate responsibility for customs duties and import formalities. This clarity becomes critical in volatile trade environments. Key Takeaways: • Only DDP (Delivered Duty Paid) places full tariff risk and cost on the seller. • All other rules (EXW, FCA, CPT, CIP, etc) shift import tariffs to the buyer. • Smart selection between DAP and DDP can make a difference when negotiating long-term contracts under changing trade regimes. Use cases: • Avoid seller exposure to future tariffs by shifting from DDP to DAP. • Use FCA or EXW to pass compliance burdens to better-prepared buyers. • Define roles clearly to reduce friction between logistics, legal, and finance. Understanding Incoterms® 2020: More Than Just Shipping Terms Incoterms® 2020 — shorthand for “International Commercial Terms” — are globally recognized rules to standardize obligations in international sales contracts. Incoterms clarify the responsibilities of sellers and buyers regarding transport costs, risk allocation, and logistics obligations at each point in the supply chain. While Incoterms do not govern ownership transfer or payment mechanisms, they serve as a common legal and commercial language that reduces ambiguity and friction in cross-border trade. • Who arranges and pays for transport and insurance? • Who handles customs clearance? • At what point does the risk transfer from seller to buyer? These are not trivial distinctions. Choosing the wrong Incoterm can lead to costly disputes, unpaid claims, or disrupted deliveries. The 2020 revision introduced updated insurance requirements, clearer allocation of security obligations, and a stronger recommendation to match Incoterms with the realities of modern logistics (like containerization). There are 11 terms, grouped as follows: Multimodal terms: EXW, FCA, CPT, CIP, DAP, DPU, DDP Sea/inland waterway-only terms: FAS, FOB, CFR, CIF Understanding the practical application of these rules is where professionals gain the most value — and where costly misconceptions often arise. Incoterms Gone Wrong: 5 Real Mistakes to Learn From Choosing the wrong Incoterm might seem like a small slip — until it leads to costly delays, damaged goods, legal disputes, or unexpected tax bills. Below are five real-world examples, often used in trade compliance training, that show just how easy it is to get it wrong — and how to avoid the same fate. Misapplying Incoterms® can create costly confusion over responsibility, risk, and compliance — even in otherwise well-structured contracts. While the examples above are fictional, they reflect common pitfalls seen in international trade and logistics. Understanding Incoterms® isn’t just a legal formality — it’s a frontline tool for avoiding preventable disputes in global commerce. Incoterms® in Action: Would You Get It Right? Test yourself! Incorrect use of Incoterms isn’t just academic — it leads to costly errors, disputes, and legal risk. Think you’re covered? Take this quick quiz and test your instincts on three real-world scenarios. You’ll find the correct answers and explanations at the end of this newsletter!

< Back Shawn C. Conway Conway Arbitration Arbitrator, Mediator Biography Shawn Conway’s expertise in international arbitration spans four decades, during which he has won significant cases in arbitrations involving companies from all over the world. He obtained decisions that continue to shape EU competition law while representing licensee Eco Swiss China Time Ltd. against Benetton International in arbitration as well as in multiple cases at the Dutch Supreme Court and the European Court of Justice. Being admitted to the bar in both the United States (the State of Illinois and the District of Columbia) and the Netherlands (Rotterdam) means Mr. Conway is an expert in both common and civil law. He has represented clients based not only in the United States and Europe, but in the former Soviet republics and throughout the Mideast and Asia as well. Educated in the United States, the Netherlands and Honduras, he is fluent in English, Dutch and Spanish. Moving beyond his success as a litigator and corporate counsel, Mr. Conway helped to found and lead multiple organizations promoting dispute resolution, including the Court of Arbitration for Art, the Netherlands Mediation Institute and the International Mediation Institute. His dedication to helping companies solve disputes in the most efficient, least disruptive, least costly way possible is well known in institutes and C-suites around the world. Contact Details Netherlands Conway@conwayarbitration.com Additional Links Link About ICC Netherlands We ensure that Dutch business interests are heard and represented in international policymaking. We deliver tools and standards that simplify cross-border business like model contracts or Incoterms®. We support fair and efficient dispute resolution . Become a member Upcoming events Learn more Check our latest news! News Languages Spoken English, Dutch, Spanish Specialisation Commercial, Construction, Contracts, Joint Ventures Bar Admission(s) Credentials CEDR, IMI CV

< Back < Previous | Next > ICC Calls for Government Action and Business Expertise to Strengthen Global Cyber Resilience 21 Oct 2025 As the UN prepares to launch a new Global Mechanism on cybersecurity, ICC urges governments to pair decisive action with business expertise to strengthen global cyber resilience. The private sector, operating on the front lines of digital defense, must be meaningfully included to ensure policies are practical, inclusive, and future-proof. ICC Calls for Government Action and Business Expertise to Strengthen Global Cyber Resilience On 21 October 2025, the International Chamber of Commerce (ICC) released a statement urging urgent government action and stronger cooperation with business to build cyber resilience. The call comes as the United Nations establishes a new Global Mechanism to continue discussions on responsible state behaviour in cyberspace. Expected to hold its first meeting in March 2026 , the mechanism will determine how governments collaborate to prevent and respond to cyber threats; and how meaningfully non-governmental stakeholders, including business, will be able to participate. Why it matters The stakes could not be higher. Cyber incidents increasingly disrupt economies, critical infrastructure, and essential services worldwide. Yet uncertainty remains around how the private sector, which designs, operates, and defends the digital infrastructure underpinning the global economy, will be included in the new UN process. “Without stronger global cooperation and practical, inclusive approaches to cybersecurity, the digital foundations of growth and trust will remain at risk.” ICC Statement, October 2025 ICC’s position is clear: achieving cyber resilience requires both government leadership and business expertise . The private sector’s evidence-based input is essential to ensure that international policies reflect operational realities and deliver practical, implementable outcomes. The ICC statement: “Cyber resilience needs government action and business expertise” “Ransomware shutting down hospitals. Attacks on energy grids disrupting entire regions. Cyber operations spilling across borders in times of geopolitical tension. These are no longer distant hypotheticals – they are today’s headlines. The accelerating pace and scale of cyber threats is a stark reminder that the resilience of our economies and societies depends on decisions we make now. Without stronger global cooperation and practical, inclusive approaches to cybersecurity, the digital foundations of growth and trust will remain at risk. Over the past five years, the United Nations Open-Ended Working Group (OEWG) has provided a valuable forum for dialogue among states on responsible behaviour in cyberspace. Its work has underscored the importance of consensus in such a sensitive area of international security, while also highlighting the complexity of building common ground in a rapidly evolving threat landscape. Crucially, the OEWG experience has shown that dialogue alone is insufficient. Operational resilience requires deeper engagement with those who build, defend, and innovate within the digital ecosystem every day. The establishment of a new ‘Global Mechanism’ to carry forward these discussions is a welcome step – but its success will depend on embedding inclusivity at its core. That means not only governments, but also meaningful participation from the private sector, civil society and academia. Global business has unique expertise and operational responsibility in this domain. Companies design, develop, build and operate the networks, defend against attacks, and innovate the technologies that power the digital economy. That is why the private sector’s voice is indispensable in shaping solutions that are practical, effective and future-proof. Governments can strengthen global cyber resilience by: Building strong national institutions to reinforce security in the use of ICTs; Developing legislation that supports international commitments while enabling digital trade and innovation; Enhancing resilience to mitigate cyber threats; Strengthening international cooperation and capacity-building, especially for developing economies; Protecting critical infrastructure and improving incident response; Improving supply-chain and product security; and Increasing transparency in the attribution of malicious activities. To realise this vision, we urge UN Member States to: Institutionalise meaningful stakeholder engagement in the design of the Global Mechanism; Leverage industry expertise in developing norms, confidence-building measures, and threat assessments; Prioritise transparency and accountability in negotiations and implementation; and Recognise the vital role of private actors in defending against cyber threats. The cyber domain cannot be secured by governments alone. The new Global Mechanism offers an opportunity to embed multistakeholder participation as a foundation for progress. Only through processes that fully integrate private-sector expertise can international frameworks achieve both legitimacy and operational impact. As global business, we stand ready to contribute constructively to the next chapter of cyber diplomacy. The threats are real, but so is our collective capacity to meet them – if we work together.” A call for Dutch engagement For the Netherlands the UN’s new Global Mechanism offers a critical opportunity to shape the international governance of cyberspace . ICC Netherlands invites its members and partners to help amplify this message by: Sharing ICC’s statement with relevant contacts in government Highlighting the importance of business expertise in cybersecurity and digital infrastructure resilience; Engaging with ICC Netherlands’ Digitalisation working group to explore how Dutch industry can contribute practical insights to global discussions.

< Back < Previous | Next > Trade & Investment The implications of a democracies-only trade pact 13 Feb 2025 New ICC analysis examines the economic implications of proposals to establish a trade system limited to democratic nations, finding such plans would trigger a tariff shock three times larger than the Smoot-Hawley Tariff Act of 1930 that significantly impacted global trade by raising US import duties on a wide range of goods. What’s being proposed? Recent proposals call for democratic nations to form an exclusive trading bloc. Our analysis, which assumes 25% tariffs on all non-qualifying countries, examines the scope and scale of this change. What does the analysis show? Scale of change : Would affect 4.3% of US GDP – compared to 1.4% under the Smoot-Hawley Tariff Act Tariff implications : Would increase average tariff on US dutiable imports from 7.4% to 21.8%, representing a rise of 14.4 percentage points, compared to 5.4 points during Smoot-Hawley Trade coverage : Would directly impact 93 countries accounting for US$1.2 trillion in US imports Why should businesses be concerned? Supply chain implications : Critical materials and manufacturing inputs would face steep new barriers Inflation risk : Higher tariffs on 38% of US imports would drive up prices, particularly for essential goods Retaliation threat : US exports to affected countries, currently over US$650 billion in goods or one third of all US exports, would be vulnerable to countermeasures

< Back < Previous | Next > ICC Netherlands roept Tweede Kamer op: versnel adoptie van digitale handelsdocumenten (MLETR) 1 Sept 2025 ICC Nederland heeft samen met een brede coalitie van bedrijven, banken en brancheorganisaties een whitepaper aangeboden aan de Tweede Kamer om snelle invoering van de UNCITRAL Model Law on Electronic Transferable Records (MLETR) te bevorderen – een stap die kosten bespaart, doorlooptijden verkort en de concurrentiepositie van Nederland versterkt. Op 1 September heeft ICC Netherlands, samen met een brede coalitie van bedrijven, banken en brancheorganisaties, een whitepaper aangeboden aan de Tweede Kamer over de adoptie van de UNCITRAL Model Law on Electronic Transferable Records (MLETR) . Wat op papier een technische wetswijziging lijkt, heeft in de praktijk enorme impact: het kan honderden miljoenen euro’s aan onnodige kosten besparen voor het Nederlandse bedrijfsleven , doorlooptijden verkorten met 6–10 dagen per exportproject , bureaucratie verminderen en onze concurrentiepositie als handelsland versterken . Handel als levensader van Nederland Internationale handel is cruciaal voor de Nederlandse economie: import en export samen vertegenwoordigen ruim €1,6 biljoen per jaar – bijna vier keer het BNP . Toch zijn veel cruciale documenten in de exportketen alleen rechtsgeldig op papier. Dit leidt tot vertragingen, hogere kosten en verlies aan efficiëntie. Concrete voordelen van MLETR Ons whitepaper laat zien dat digitalisering tastbare voordelen oplevert: ✅ Doorlooptijd verkort van 6–10 dagen naar <24 uur (succesvol getest door Havenbedrijf Rotterdam en Singapore in 2021). ✅ MKB-voordeel : tot 35% minder administratieve lasten. ✅ Internationale aansluiting : landen als het VK, Frankrijk, Duitsland en Singapore hebben hun wetgeving al aangepast – Nederland loopt achter. Sterker nog: het Verenigd Koninkrijk wil graag met Nederland digitale samenwerking versnellen, maar dat kan nu niet omdat 8 cruciale documenten wettelijk nog niet digitaal mogen worden verzonden . Oproep aan de politiek De oproep van ICC Netherlands en haar partners aan de Tweede Kamer is helder: Maak snel werk van de goedkeuring van wetgeving voor het elektronisch cognossement . Start direct het traject voor de overige 7 MLETR-documenten . Met dit whitepaper onderstreept ICC Netherlands, samen met haar partners, dat de digitale toekomst van onze handel nú begint. De Tweede Kamer kan dit in wezen met één wetswijziging regelen – en het bedrijfsleven staat klaar om te helpen. 👉 Lees hier het volledige whitepaper: Over dit initiatief Het whitepaper is opgesteld door vertegenwoordigers van ICC Netherlands, ICISA, ING Bank, Port of Rotterdam en andere betrokken experts , met steun van een brede coalitie van bedrijven, banken en brancheorganisaties. De adoptie van de UNCITRAL‘Model Law on Electronic Transferable Records’ in NL (6) .pdf Download PDF • 3.28MB

< Back < Previous | Next > ICC launches guidance on responsible AI in marketing 20 Mar 2026 As AI transforms marketing practices, ICC’s new guidance helps businesses apply established advertising standards to ensure transparency, accountability and consumer trust. ICC launches guidance on responsible AI in marketing The International Chamber of Commerce (ICC) has launched new global guidance on the responsible use of artificial intelligence in marketing and advertising. Titled “Responsible AI in Marketing – How to Apply the ICC Advertising and Marketing Communications Code” , the guidance provides practical direction for businesses navigating the rapid integration of AI into marketing practices. As AI tools become embedded across the marketing value chain, from content creation and personalisation to targeting and optimisation, companies are increasingly seeking clarity on how existing standards apply in this evolving environment. The new ICC guidance responds directly to this need, offering a clear and principle-based framework grounded in the longstanding ICC Advertising and Marketing Communications Code. Applying established principles in a new context A central message of the guidance is that the core principles of responsible marketing remain unchanged. Regardless of the technology used, marketing communications must continue to be legal, decent, honest and truthful . Rather than introducing new rules, the guidance explains how existing principles apply when AI is used to create, modify or deliver marketing content. This reflects the technology-neutral nature of the ICC Code and its continued relevance in a rapidly evolving digital landscape. At the same time, the guidance recognises that AI raises practical questions for marketers. For example: when should the use of AI be disclosed? How should organisations maintain oversight over AI-generated content? And how can companies ensure that data-driven marketing practices remain transparent and ethical? Key areas of focus for businesses The guidance highlights several areas that are particularly relevant for organisations using AI in marketing. First, transparency remains essential. While the use of AI does not automatically require disclosure, companies must assess whether its use could create a misleading impression for consumers. In such cases, clear and appropriate disclosure may be necessary. Second, responsibility and accountability are reaffirmed. The use of AI does not shift responsibility away from marketers. Companies remain fully accountable for the content and claims in their marketing communications, including those generated or supported by AI systems. Third, the guidance addresses the use of data and AI-driven targeting , emphasising the need for legal, transparent and ethical data practices. This is particularly important as AI enables increasingly sophisticated forms of personalisation and audience segmentation. Finally, the guidance provides clarity on the use of likeness and AI-generated content , including when consent is required for the use or alteration of images of real individuals. From principles to practice To support implementation, the guidance includes two practical checklists: one aimed at organisational governance and one focused on day-to-day marketing decision-making. These tools are designed to help companies embed responsible AI practices into their internal processes, from tool selection and oversight to campaign execution. This practical orientation reflects a broader shift in how businesses approach AI. The focus is no longer only on innovation and efficiency, but increasingly on governance, risk management and maintaining consumer trust. Supporting responsible innovation The launch of this guidance comes at a time when regulatory and policy discussions on AI are accelerating globally. In this context, ICC’s approach emphasises the role of industry-led standards and self-regulation in supporting responsible innovation. By providing clarity on how to apply existing principles, the guidance aims to help businesses use AI in a way that is both effective and trustworthy, preserving consumer confidence while enabling continued innovation in marketing practices. 2026_ICC_Guidance_on_AI_and_Marketing_communications_EN_03 .pdf Download PDF • 1.55MB

< Back < Previous | Next > EU AI Omnibus - ICC’s position Sara Galvagni 24 Feb 2026 How will the EU’s AI and Digital Omnibus adjustments affect compliance costs, cross-border data flows and AI deployment strategies? We examine the practical implications for Dutch and internationally active companies as negotiations move forward. EU AI Omnibus - ICC’s position On 19 November, the European Commission presented its proposal for a Digital Omnibus, a package intended to simplify and streamline the EU’s complex digital rulebook. The initiative is structured around two parallel components: an AI Omnibus focused on targeted adjustments to the AI Act, and a broader Digital Rulebook Omnibus, elements of the EU’s wider digital rulebook. Over the past few years, the European Union has developed an ambitious and far- reaching digital regulatory framework. Various instruments, including the Artificial Intelligence Act, the General Data Protection Regulation, the Digital Services Act, the Data Act, and the Data Governance Act, have reshaped the legal landscape, aiming to increase transparency and accountability while fostering trust in digital technologies. At the same time, the cumulative effect of this legislation has been a dense, and at times fragmented, compliance environment. Complexity, overlap, and growing implementation challenges are faced by businesses operating across the Single Market. Navigating overlapping compliance timelines, delegated acts, guidance, and technical standards has proven particularly demanding for companies of all sizes. The Digital Omnibus is presented as a response to these concerns. The goal is not to reopen political compromises, but to deliver targeted, practical corrections that make existing rules workable and predictable. From ICC’s perspective, this is both necessary and timely. The stakes for businesses are high. The Omnibus affects compliance costs, legal certainty, cross-border data flows, and innovation. Even technical amendments can influence operational planning, product design, investment choices, and global deployment strategies. The key question for globally operating companies is whether the proposed adjustments will genuinely reduce fragmentation and administrative burden, or whether they risk creating new forms of regulatory divergence that complicate cross-border operations. The problem today is no longer the absence of regulation, but rather gaps, distortions, and inconsistencies in implementation. One of the main concerns is the rollout of the AI Act. Many essential guidelines and harmonised standards are still pending, with some expected only shortly before obligations take effect. This leaves companies in the difficult position of preparing for compliance without the technical clarity or operational tools they need. At the same time, rapid policy reactions to the rise of large language models have introduced adjustments that risk moving the Act away from its original technology- neutral and risk-based design. Maintaining this foundational structure is critical to preserving legal certainty across sectors and along the AI value chain. More broadly, implementation challenges across the EU digital framework highlight the need for corrections. Under the GDPR, enforcement has become increasingly expansive and uneven, with over 40 data protection authorities interpreting obligations differently. Key concepts are sometimes applied so broadly that compliance extends beyond the regulation’s intended scope. Without clearer limits, there is a risk that almost all data is treated as sensitive by default, which undermines proportionality and complicates legitimate uses like bias detection or AI system improvement.Structural inconsistencies also complicate compliance. The split between GDPR and ePrivacy has created parallel rules for cookies and device access, while traffic data is treated differently under the ePrivacy Directive and the Data Act, particularly in IoT contexts. This again creates a fragmented approach with operational gaps, conflicting obligations, and duplicative requirements, driving legal uncertainty and higher costs, in particular for SMEs and mid-sized companies operating across borders. In today’s fast-evolving digital landscape, ICC sees the Digital Omnibus as a golden opportunity to bring coherence and proportionality back to European digital regulation, to make life simpler for businesses. When it comes to Artificial Intelligence, timing matters. High-risk AI rules should only be rolled out once harmonized standards, clear guidance, and practical compliance tools are ready. A temporary pause on some obligations would give companies legal certainty and prevent fragmented application across Member States. Realistic transition period, especially for one-stop-shop provisions, will help businesses implement new rules smoothly without unnecessary hurdles. ICC also calls for stronger, coordinated oversight under the AI Act. A central role for the EU AI Office, paired with simplified interfaces with national authorities, would reduce regulatory fragmentation and ensure consistent, predictable enforcement, which would benefit both businesses and consumers. Proportionality in GDPR enforcement is equally crucial. Clear definitions of “personal data” and a focus on intentional rather than hypothetical risks for sensitive data will reduce administrative burdens without compromising protection, making compliance more practical for companies of all sizes. Finally, ICC supports a unified approach to cookies and device access, aligned with the GDPR, eliminating the current patchwork with ePrivacy rules, to ensure one singular, consistent framework for handling traffic and IoT data, thereby reducing complexity and enhancing predictability for businesses operating across Europe. The guiding principle behind ICC’s position is clear: EU digital regulation must align with global standards and support seamless cross-border data flows. AI innovation and deployment rely on trusted international data transfers, so any adjustments under the Digital Omnibus should preserve the free flow of data, build trust, and avoid EU-specific technical divergences or localization requirements that fragment markets and drive up costs. ICC emphasizes that the Omnibus should focus on practical solutions to real-world implementation challenges, ensuring that existing rules are workable, coherent, and enforceable. Done right, this approach will support innovation, enhance competitiveness, and accelerate the adoption of digital technologies across Europe, while delivering tangible benefits for businesses.

< Back < Previous | Next > Unveiling the 2026 ICC Arbitration Rules 1 Jun 2026 The 2026 ICC Rules of Arbitration entered into force on 1 June 2026. They define and regulate the management of cases received by the ICC International Court of Arbitration® from 1 June 2026 on.  Unveiling the 2026 ICC Arbitration Rules Read the 6-part article series exploring the most significant changes to the 2026 Arbitration Rules. Arbitrator Disclosure  Moving beyond mandatory Terms of Reference Expedited Procedure Provisions and Emergency Arbitration Highly Expedited Arbitration Provisions  Early Determination  Written communications, time limits for awards and confidentiality

< Back < Previous | Next > A Deeper Dive into the Importance of Dispute-Resolution Clauses Tom Scott 3 Feb 2026 Dispute-resolution clauses are often treated as boilerplate — but they are anything but. In our latest interview, Marieke Schaink explains why getting them right is a core element of risk management in international contracts. A Deeper Dive into the Importance of Dispute-Resolution Clauses An interview with Marieke Schaink , Partner at Avizor advocates & arbitrators Marieke Schaink has worked primarily in international arbitration since beginning her legal career in 2011, save for a three-and-a-half-year stint at the Netherlands Authority for the Financial Markets (AFM). As a Partner at Avizor advocates & arbitrators, she specialises in commercial arbitration, with a particular focus on complex contractual disputes. In this interview, she explains why dispute-resolution clauses deserve far more attention than they often receive. Why is it so important for companies to think carefully about dispute-resolution clauses at the contracting stage? A dispute-resolution clause determines the framework of how a dispute will be resolved: who will decide the dispute, where it will be decided, under which rules, and how the outcome can ultimately be enforced. In that sense, it is much more than a technical clause: it’s actually a risk management tool. If it is not correctly formulated, there is a real risk that a dispute cannot be resolved efficiently, or that an award is rendered but cannot be enforced. Even though it may seem like a small issue, a well-written dispute-resolution clause makes sure that both parties know exactly what to expect and can resolve disputes through a clear, structured and efficient process. Why is the contracting stage the right moment to address this? At the contracting stage, parties’ interests are aligned in at least one aspect: everyone wants the transaction to succeed. There is usually a willingness to give and take in order to reach an agreement. Once a dispute arises, that willingness often disappears: the parties find themselves on opposing sides and, at a minimum, perceive each proposal from the other as disadvantaging them, which in turn makes them less engaged and less open-minded. So agreeing on procedural matters becomes much more difficult. Addressing dispute resolution early avoids that problem, at least to some extent. In cross-border contracts, is international enforceability the key advantage of arbitration? International enforceability is one of arbitration’s most important qualities, particularly due to the New York Convention. A large number of countries are party to it, which means arbitration awards can be recognised and enforced almost worldwide. That level of enforceability is difficult to achieve with court judgments. What elements should companies include to ensure an arbitration clause is effective and enforceable? There are several ‘must-haves’ in an arbitration clause; you have to include these otherwise things just don’t work. The most fundamental is an unequivocal submission to arbitration; it must be absolutely clear that the parties are opting out of the state court system. Another crucial element is the seat of arbitration, which determines the nationality of the award and the applicable arbitration law. Choosing a reputable, arbitration-friendly seat with an independent legal system is vital. That’s because non-reputable seats or non-arbitration-friendly jurisdictions certainly do exist. The third important element is whether to work with an arbitration institution. While parties can carry out arbitration without an institute – known as ad hoc arbitration – having an institute involved means that the arbitration process is taken care of. The institute provides rules, procedures, administrative support and safeguards against procedural deadlock. Beyond that, parties can include all kinds of add-ons such as language, number and qualifications of arbitrators. What are the most common mistakes you see in practice? I often see jurisdictional disputes caused by clauses that are unclear or imprecise. This frequently arises with split jurisdiction, where multiple dispute resolution mechanisms apply within the same contract. That choice can work, but the drafting must be extremely precise. If the language is unclear, a lot of time, effort and money may be lost on disputes about how the disputes should be resolved. That is not to say that more detail is the solution. In fact, another pitfall I see is overengineering. Being overly prescriptive, for example by stipulating narrow arbitrator qualifications, may sound sensible, but combined criteria (such as a specific language requirement plus expertise in the governing law) can severely shrink the arbitrator pool, slow appointments, and complicate the process. Why is Netherlands-seated ICC Arbitration particularly suitable for businesses? The ICC is an internationally renowned arbitral institution and ICC arbitration benefits from truly global input. The rules are shaped by contributions from local committees around the world, including the Netherlands, which makes them robust and well balanced. Combined with the Netherlands’ strong arbitration community, with experienced arbitrators, an independent, arbitration-literate judiciary, and an arbitration-friendly legal framework, this makes the Netherlands an attractive seat, even for disputes where neither party is Dutch. How can in-house counsel and commercial teams work better together on dispute-resolution strategies? It is important that in-house counsel understands commercial priorities, while commercial teams are aware of which legal points should not be conceded. That mutual understanding makes a real difference. I can imagine that in the heat of a transaction, achieving that mutual understanding can be difficult. A practical way to approach that can be to develop an internal playbook: a clear framework outlining preferred dispute-resolution options for different situations. Finally, what advice would you give to young practitioners starting out in arbitration? Get involved early. I waited quite long before actively participating in the arbitration community because it didn’t seem like something I’d truly enjoy or fit naturally into. But there are so many approachable events for young practitioners, and they offer real opportunities to learn, connect, and find mentors. My advice is to dive in: you’ll learn a great deal, build meaningful relationships, and, above all, it’s genuinely a lot of fun!